TWG: Legal and Judicial Reform

TWG Action Plan

103. The TWG reported that the following four activities were planned to be implemented and satisfactory progress has been reported on all activities:

  1. Through a series of joint government-donor working groups, support implementing institutions to complete work required for JMIs to be met, i.e., the principal codes, the law related to the judiciary, the anti-corruption law.

  2. Bi-monthly meetings of TWG.

  3. Meet quarterly to report on progress, discuss requests for technical assistance and determine action required to resolve any barriers to progress.

  4. Report to GDCC meetings as requested and develop potential JMIs for following years, related to the LJR action plans.

104.  In addition, the TWG noted the two following points:

  1. There is a consensus that steps are required to enhance the effectiveness of the TWG process in this sector: (a) PMU/CLJR is financially and technically in charge of the secretarial function of the TWG; and (b) RGC's proposal to establish sub-working groups around each of the strategic of the overall Legal and Judicial Reform strategy.

  2. It would be useful to facilitate an exchange of experience between sectors on which TWGs operate more effectively, and how this experience can be shared across sectors.

Joint Monitoring Indicators

105.  Penal code容nd of 2006. The draft is ready to go into inter-ministerial meeting.

106.  Code of Penal procedures容nd of 2006. The draft has been approved by the COM and is ready to be sent to the NA.

107.  Code of civil procedures. The law was promulgated on 6 July 2006.

108.  Civil code容nd of 2006. Draft has been reviewed by the IMM, and is ready to go the COM meeting.

109. Organic Law on the Organization and Functioning of the Courts容nd of 2006. The draft is being finalized by the MOJ. There was an agreement between the MOJ and MOC on the establishment of the Commercial tribunal at the first degree, and specialized chamber at the higher level.

110. Law on the Amendment of the law on the Organization and Functioning of the Supreme Council of Magistracy容nd of 2006. The draft has been finalized by the MOJ.

111. Law on the Statute of Judges and Prosecutors容nd of 2006. The draft has been sent by the SCM to the office of COM on 30 August 2006.

112. Law on Anti Corruption容nd of 2006. Draft was withdrawn from the IMM by MONASRI. So far, MOJ and MONASRI have conducted meetings to review the whole draft before submitting it to the IMM. Consistency with Criminal Procedure Code has been checked by French Cooperation.

113. Develop a clear policy framework for access to information容nd of 2006. The process is being studied by MONASRI.

114. Complete the draft Law Against Trafficking in Person and Sexual Exploitation and submit to COM容nd of 2006. MOJ and MOWA are discussing certain points of the draft, with the involvement of Japanese experts and French Cooperation.

Implementation status of the H-A-R Action Plan

115. The TWG reported that the following actions have been taken under Ownership (of Section A) of the H-A-R Action Plan:

  1. Increase bilateral meetings with implementing agencies and donor communities. Meetings were held with the Ministry of Education, MOJ, MOI, MOWA, MLMUC, UNDP, EWMI, AUSAID, JICA, FRANCE, etc.

  2. Develop a chart showing the progress of the implementation of the Legal and Judicial Reform Action Plan, and send it to donors (UNDP, WB, ADB, AUSAID, USAID, EWMI, JICA, France, DANIDA, DFID, CIDA, SIDA, and GTZ).

  3. Meeting between the PCB/CLJR and donor community is scheduled on 28 September 2006 to
    discuss on the Development of Performance Monitoring Framework.

Resource mobilization

116.  As for resource, the TWG reported it there is no resource to mobilize because the TWG has no separate budget.

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